DODD Rules and Laws
Rules Under Development
- Draft Rules/Proposed Rule Actions for Review and Comment
- Public Hearings Scheduled for Proposed Rule Actions
- Proposed Rules Slated for Joint Committee on Agency Rule Review (JCARR) Meeting Agenda
- Proposed Rules Designated “To Be Refiled”
- Effective Dates for Newly Adopted/Rescinded/Amended Rules
Draft Rules/Proposed Rule Actions for Review and Comment
The Ohio Department of Developmental Disabilities is seeking your comments on the following draft rules/proposed rule actions. Please submit written comments on a rule/rule action by the date specified to CSIPublicComments@governor.ohio.gov and to Becky.Phillips@dodd.ohio.gov.
Rule Number and Title |
Reason for Rule Action |
Submit Comments By |
5123:2-9-40 (Proposed New Rule) Home and Community-Based Services Waivers - Administration of the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed Self-Empowered Life Funding (SELF) Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-41 (Proposed New Rule) Home and Community-Based Services Waivers - Clinical/Therapeutic Intervention Under the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-42 (Proposed New Rule) Home and Community-Based Services Waivers - Community Inclusion Under the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-43 (Proposed New Rule) Home and Community-Based Services Waivers - Functional Behavioral Assessment Under the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-44 (Proposed New Rule) Home and Community-Based Services Waivers - Integrated Employment Under the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-45 (Proposed New Rule) Home and Community-Based Services Waivers - Participant-Directed Goods and Services Under the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-46 (Proposed New Rule) Home and Community-Based Services Waivers - Participant/Family Stability Assistance Under the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-47 (Proposed New Rule) Home and Community-Based Services Waivers - Support Brokerage Under the Self-Empowered Life Funding Waiver |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-34 (Proposed for Amendment) Home and Community-Based Services Waivers - Residential Respite and Community Respite Under the Individual Options and Self-Empowered Life Funding Waivers |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
5123:2-9-35 (Proposed for Amendment) Home and Community-Based Services Waivers - Remote Monitoring and Remote Monitoring Equipment Under the Individual Options and Self-Empowered Life Funding Waivers |
The Department is proposing rule actions to implement the new participant-directed SELF Waiver. Please see the Business Impact Analysis for more details. | March 30, 2012 |
Public Hearings Scheduled for Proposed Rule Actions
The Ohio Department of Developmental Disabilities has given notice of its intent to adopt/rescind/amend the following rules and conduct a public hearing thereon. The public hearing will be held on the date specified.
Rule Number and Title |
Reason for Rule Action |
Public Hearing Date |
| None at this time. | ||
Proposed Rules Slated for Joint Committee on Agency Rule Review (JCARR) Meeting Agenda
The following rules are slated for the JCARR meeting agenda on the date specified.
Rule Number and Title |
Reason for Rule Action |
JCARR Meeting Date |
| None at this time. | ||
Proposed Rules Designated “To Be Refiled”
The Ohio Department of Developmental Disabilities has requested that the Joint Committee on Agency Rule Review (JCARR) temporarily remove the following rules from consideration for the reason indicated.
Rule Number and Title |
Reason/Status |
5123:2-9-14 (Proposed New Rule) Home and Community-Based Services Waivers - Vocational Habilitation Under the Individual Options and Level One Waivers |
The Department is revising rules for adult day services under the Individual Options and Level One waivers. The primary goal is to restructure the training requirements for staff who provide the services in response to a proposal developed by the Ohio Provider Resource Association and the Ohio Superintendents of County Boards of Developmental Disabilities. The proposed standards ensure staff are well-versed in practical knowledge that can be readily applied in their work and enhances the outcomes for the people they serve. The proposed new rules reflect the Department’s strategy of simplifying and streamlining rules by creating one rule per waiver service that includes documentation requirements and payment rates for the service. This rule will replace the provisions related specifically to Vocational Habilitation in existing rules 5123:2-9-17 and 5123:2-9-19. The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-15 (Proposed New Rule) Home and Community-Based Services Waivers - Supported Employment-Community Under the Individual Options and Level One Waivers |
The Department is revising rules for adult day services under the Individual Options and Level One waivers. The primary goal is to restructure the training requirements for staff who provide the services in response to a proposal developed by the Ohio Provider Resource Association and the Ohio Superintendents of County Boards of Developmental Disabilities. The proposed standards ensure staff are well-versed in practical knowledge that can be readily applied in their work and enhances the outcomes for the people they serve. The proposed new rules reflect the Department’s strategy of simplifying and streamlining rules by creating one rule per waiver service that includes documentation requirements and payment rates for the service. This rule will replace the provisions related specifically to Supported Employment-Community in existing rules 5123:2-9-16 and 5123:2-9-19. The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-16 (Proposed for Rescission) HCBS Waivers - Supported Employment-Enclave and Supported Employment-Community |
The Department is revising rules for adult day services under the Individual Options and Level One waivers to create one rule per waiver service that includes documentation requirements and payment rates for the service. This rule will be replaced by proposed new rules 5123:2-9-16 (for Supported Employment-Enclave) and 5123:2-9-15 (for Supported Employment-Community). The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-16 (Proposed New Rule) Home and Community-Based Services Waivers - Supported Employment-Enclave Under the Individual Options and Level One Waivers |
The Department is revising rules for adult day services under the Individual Options and Level One waivers. The primary goal is to restructure the training requirements for staff who provide the services in response to a proposal developed by the Ohio Provider Resource Association and the Ohio Superintendents of County Boards of Developmental Disabilities. The proposed standards ensure staff are well-versed in practical knowledge that can be readily applied in their work and enhances the outcomes for the people they serve. The proposed new rules reflect the Department’s strategy of simplifying and streamlining rules by creating one rule per waiver service that includes documentation requirements and payment rates for the service. This rule will replace the provisions related specifically to Supported Employment-Enclave in existing rules 5123:2-9-16 and 5123:2-9-19. The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-17 (Proposed for Rescission) HCBS Waivers - Adult Day Support and Vocational Habilitation |
The Department is revising rules for adult day services under the Individual Options and Level One waivers to create one rule per waiver service that includes documentation requirements and payment rates for the service. This rule will be replaced by proposed new rules 5123:2-9-17 (for Adult Day Support) and 5123:2-9-14 (for Vocational Habilitation). The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-17 (Proposed New Rule) Home and Community-Based Services Waivers - Adult Day Support Under the Individual Options and Level One Waivers |
The Department is revising rules for adult day services under the Individual Options and Level One waivers. The primary goal is to restructure the training requirements for staff who provide the services in response to a proposal developed by the Ohio Provider Resource Association and the Ohio Superintendents of County Boards of Developmental Disabilities. The proposed standards ensure staff are well-versed in practical knowledge that can be readily applied in their work and enhances the outcomes for the people they serve. The proposed new rules reflect the Department’s strategy of simplifying and streamlining rules by creating one rule per waiver service that includes documentation requirements and payment rates for the service. This rule will replace the provisions related specifically to Adult Day Support in existing rules 5123:2-9-17 and 5123:2-9-19 and entirely replace rule 5123:2-9-20 for Adult Day Support provided through contract with providers certified by the Ohio Department of Aging. The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-18 (Proposed for Rescission) HCBS Waivers - Non-Medical Transportation |
The rule is proposed for rescission and replacement by a new rule of the same number. The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-18 (Proposed New Rule) Home and Community-Based Services Waivers - Non-Medical Transportation Under the Individual Options and Level One Waivers |
This proposed new rule will replace existing rule 5123:2-9-18 and provisions related specifically to Non-Medical Transportation in existing rule 5123:2-9-19. The rule has been restructured to align with the format of newer rules. Requirements for post-accident testing of drivers for drugs and alcohol have been modified based on federal requirements for commercial motor vehicles. The Department has designated this rule "to be refiled" to consider testimony received. |
| The rule is proposed for rescission and replacement by a new rule of the same number. The Department has designated this rule "to be refiled" to consider testimony received. | |
5123:2-9-19 (Proposed New Rule) Home and Community-Based Services Waivers - General Requirements for Adult Day Support, Supported Employment-Community, Supported Employment-Enclave, Vocational Habilitation, and Non-Medical Transportation |
This proposed new rule will replace existing rule 5123:2-9-19. Definitions have been updated to align with definitions used in newer rules. Provisions that addressed transition from former waiver services to the existing adult day services have been eliminated. Provisions that addressed specific services (e.g., payment rates) have been incorporated into service-specific rules, and therefore, eliminated from this rule. Provisions of the existing rule that merely repeat provisions of existing rule 5123:2-9-06 (Home and Community-Based Services Waivers - Payment for Waiver Services) have been eliminated. The Department has designated this rule "to be refiled" to consider testimony received. |
5123:2-9-20 (Proposed for Rescission) HCBS Waivers - Adult Day Support Services Provided Through Contract with ODA-Certified Providers |
The rule is being rescinded because its provisions are being incorporated into proposed new rule 5123:2-9-17. The Department has designated this rule "to be refiled" to consider testimony received. |
Effective Dates for Newly Adopted/Rescinded/Amended Rules
The following rules will be adopted/rescinded/amended on the date specified.
Rule Number and Title |
Effective Date |
|
Transportation |
March 19, 2012 |
|
Locally-Funded Transportation |
March 19, 2012 |
|
Investigative Agent Certification Standards |
To be determined. |
|
Investigative Agent Certification Standards |
To be determined. |
|
Level One Waiver - Definitions |
April 2012 (Anticipated) |
|
Level One Waiver - Informal Respite |
March 19, 2012 |
|
Level One Waiver - Institutional Respite |
March 19, 2012 |
|
Level One Waiver - Environmental Accessibility Adaptations |
March 19, 2012 |
|
Level One Waiver - Transportation |
March 19, 2012 |
|
Level One Waiver - Specialized Medical Equipment and Supplies |
March 19, 2012 |
|
Level One Waiver - Personal Emergency Response Systems |
March 19, 2012 |
|
Level One Waiver - Homemaker/Personal Care |
April 2012 (Anticipated) |
|
Level One Waiver - Emergency Assistance |
March 19, 2012 |
|
HCBS Waivers - Waiver Service Documentation Requirements for Services Provided to Individuals |
April 2012 (Anticipated) |
|
Home and Community-Based Services Waivers - Documentation and Payment for Services Under the Individual Options and Level One Waivers |
April 2012 (Anticipated) |
|
Home and Community-Based Services Waivers - Informal Respite Under the Level One Waiver |
March 19, 2012 |
|
Home and Community-Based Services Waivers - Institutional Respite Under the Level One Waiver |
March 19, 2012 |
|
Home and Community-Based Services Waivers - Environmental Accessibility Adaptations Under the Individual Options and Level One Waivers |
March 19, 2012 |
|
Home and Community-Based Services Waivers - Transportation Under the Individual Options and Level One Waivers |
March 19, 2012 |
|
Home and Community-Based Services Waivers - Specialized Medical Equipment and Supplies Under the Individual Options and Level One Waivers |
March 19, 2012 |
|
Home and Community-Based Services Waivers - Personal Emergency Response Systems Under the Level One Waiver |
March 19, 2012 |
|
Home and Community-Based Services Waivers - Emergency Assistance Under the Level One Waiver |
March 19, 2012 |
|
Home and Community-Based Services Waivers - Homemaker/Personal Care Under the Individual Options and Level One Waivers |
April 2012 (Anticipated) |
|
Home and Community-Based Services Waivers - Adult Foster Care Under the Individual Options Waiver |
March 19, 2012 |
|
Individual Options Waiver - Definitions |
April 2012 (Anticipated) |
|
Individual Options Waiver - Eligibility Criteria for Initial and Continued Enrollment |
April 2012 (Anticipated) |
|
Individual Options Waiver - Homemaker/Personal Care |
April 2012 (Anticipated) |
|
Individual Options Waiver - Transportation Mileage |
March 19, 2012 |
|
Individual Options Waiver - Adult Foster Care |
March 19, 2012 |
|
Abuser Registry |
April 5, 2012 |
|
Abuser Registry |
April 5, 2012 |
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